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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.01.09 2019나12189
손해배상(의)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows. The Plaintiff’s assertion added or emphasized by this court is identical to the ground of the judgment of the court of first instance, except for adding the judgment as set forth in the following paragraph 2, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second to third directions of the first instance judgment shall be followed as follows.

“다. 이 사건 마필은 2017. 2. 9. 네 번째 자마(子馬)를 생산하고, 2017. 2. 20. 다섯 번째 자마를 임신하였다. 원고는 2017. 3. 13. 17시경 이 사건 동물병원에 연락하여 이 사건 마필이 심한 산통(疝痛) 복부의 통증을 의미한다. 을 겪고 있음을 호소하며 내원을 의뢰하였는데, 당시 진정제로도 통증 관리가 되지 않는 상태였다.” 제1심판결 제7쪽 제15행의 “15.7%”를 “5.2%”로 고쳐 쓴다.

The 10th 20th 10th 10th 20th 1st 20th 1st 20th 1st 1st 1st 1st 1st 1st 1st 1st 1st 202

2. Additional determination

A. The Plaintiff’s assertion 1) Defendant Marina was the principal agent operating the instant veterinary hospital, and the horses were suffering from nephical damage and clibation during the process of general anesthesia surgery and long-time anesthesia, and the Defendant’s veterinarian did not neglect his duty of care to be equipped with equipment capable of using wire ropesing method in order to assist the leaving of the horses in the recovery room in preparation for the case where the horses cannot be isolated by themselves, and with equipment capable of using wire ropesing method in the process of cutting the horses, such as galsing type, galming type, and rubber click, and only installed rubber plates at the recovery room floor, and the instant accident occurred due to these negligence by Defendant Marina. 2).

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